Mark Shuttleworth is trying to entice OpenSUSE developers to join Ubuntu. "Novell's decision to go to great lengths to circumvent the patent framework clearly articulated in the GPL has sent shockwaves through the community. If you are an OpenSUSE developer who is concerned about the long term consequences of this pact, you may be interested in some of the events happening next week as part of the Ubuntu Open Week."

I might be wrong, but since the layer/wrapper between kernel and binary driver is open source it's not like it will be this much of a problem. NVidia drivers installer can compile this layer against custom kernels (but has some precompiled ones for major distros/kernels too).